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Name Category Published
Macy v. Superior Court (People)
Dismissal is not proper remedy for sexually violent predator proceedings when experts produce conflicting evaluations. 		Criminal Law and Procedure Jul. 10, 2012
LaChance v. Valverde
DMV correctly denies plaintiff's request for restricted driver's license where she pled guilty to DUI and DMV had suspended her license for six months. 		Criminal Law and Procedure Jul. 9, 2012
People v. Gonzalez
Substantial evidence of murder exists under provocative act doctrine where individual escalated confrontation by giving firearm to accomplice, who was fatally shot. 		Criminal Law and Procedure Jul. 6, 2012
Torres v. Dept. of Corrections and Rehabilitation
Concept of ‘constructive custody’ does not extend tolling of limitations period allowing parolee to file false imprisonment claim more than one year after release. 		Criminal Law and Procedure Jul. 5, 2012
People v. LaPierre
Defendant who committed multiple armed bank robberies in Hawaii and California will continue serving time in California custody after serving term in federal custody. 		Criminal Law and Procedure Jul. 5, 2012
U.S. v. Castillo-Marin
Sentence involves plain error when district court exclusively relied on facts and conclusions in presentence report to incorrectly apply enhancement. 		Criminal Law and Procedure Jul. 5, 2012
People v. Cruz
Prospective-only application of sentencing changes within realignment legislation, which applies to persons sentenced on or after Oct. 1, 2011, does not violate equal protection. 		Criminal Law and Procedure Jul. 5, 2012
Smith v. Superior Court (People)
State interests in trying jointly charged defendants’ in single trial constitute good cause to continue second jointly charged defendant’s trial to retain joinder. 		Criminal Law and Procedure Jul. 3, 2012
U.S. v. Yepiz
Voir dire policy requiring use of peremptory challenge when accepting panel does not constitute reversible error absent showing of juror bias. 		Criminal Law and Procedure Jul. 3, 2012
Ford v. Gonzalez
Defendants’ petition is untimely because factual predicate of his claims that witness received benefits for cooperating with law enforcement could have been discovered at time of his trial. 		Criminal Law and Procedure Jul. 3, 2012
People v. Mehserle
Evidence is sufficient to support finding that defendant police officer committed involuntary manslaughter where he claimed he intended to use his taser but instead fired his handgun. 		Criminal Law and Procedure Jul. 3, 2012
People v. Baker-Riley
Provocative act implied malice murders are first degree murders when they occurred during course of enumerated felony that would support first degree felony-murder conviction. 		Criminal Law and Procedure Jul. 3, 2012
U.S. v. Thoms
Reversal of magistrate's credibility finding requires court to first hear some witness testimony, except where judgment as matter of law is appropriate. 		Criminal Law and Procedure Jul. 2, 2012
People v. Aragon
Sex offender, who registers as transient, does not violate registration requirement when he does not know that he has residence for purposes of requirement. 		Criminal Law and Procedure Jul. 2, 2012
In re Lira
Defendant is not entitled to credit for period of continued incarceration following erroneous denial of parole, but is entitled to credit following Governor’s erroneous veto. 		Criminal Law and Procedure Jul. 2, 2012
U.S. v. Alvarez
Stolen Valor Act, which prohibited false claims of receipt of military medals, violates First Amendment by regulating speech even where no legal injury is present. 		Criminal Law and Procedure Jun. 29, 2012
People v. Diaz
For purposes of possession of burglary tools conviction, items are not burglary tools where they were not specifically listed in statute or used to gain entry. 		Criminal Law and Procedure Jun. 29, 2012
People v. Almanza
Criminal booking fee is properly imposed without first reviewing defendant's financial capacity because city peace officer made arrest. 		Criminal Law and Procedure Jun. 28, 2012
U.S. v. Gonzalez
On drug-sale conspiracy charge, venue is proper in district where informant was located when calling defendant, who was outside of district. 		Criminal Law and Procedure Jun. 28, 2012
People v. Loza
Conviction for first degree murder is improper where counsel was ineffective in failing to object to court's response to jury's questions regarding aiding and abetting. 		Criminal Law and Procedure Jun. 28, 2012
People v. Thomas
Venue is proper in county where defendant lived and sold drugs even though drugs and firearm were stored in storage locker in neighboring county. 		Criminal Law and Procedure Jun. 28, 2012
People v. Accredited Surety & Casualty Co.
Bond may be forfeited when defendant fails to appear at competency hearing because competency proceedings are part of criminal proceedings covered by bail bond. 		Criminal Law and Procedure Jun. 27, 2012
U.S. v. Meredith
Speech is not protected by First Amendment when it goes beyond mere encouragement and becomes integral part of crime. 		Criminal Law and Procedure Jun. 27, 2012
People v. McDowell
Retrial of death penalty phase does not violate speedy trial right where 10-month delay was not prejudicial given complexity of case. 		Criminal Law and Procedure Jun. 26, 2012
Mackey v. Hoffman
Incarcerated habeas petitioner may be granted relief from judgment if his attorney’s abandonment caused him to fail to timely file notice of appeal. 		Criminal Law and Procedure Jun. 26, 2012
People v. Rodriguez
Court miscalculates sentence under provision of One Strike law that was eliminated by Legislature and limited terms on multiple offenses committed on single occasion. 		Criminal Law and Procedure Jun. 26, 2012
Henderson v. United States
Does court commit reversible error when it imposes rehabilitation-oriented sentence exceeding sentencing range prior to Supreme Court's clarification of law? 		Criminal Law and Procedure Jun. 25, 2012
Miller v. Alabama
Eighth Amendment forbids sentencing scheme that mandates life in prison without possibility of parole for juvenile homicide offenders. 		Criminal Law and Procedure Jun. 25, 2012
U.S. v. Suarez
Court errs in applying mandatory minimum sentence when defendant had pled guilty to drug possession and entered deferred entry of judgment program. 		Criminal Law and Procedure Jun. 24, 2012
U.S. v. Collins
Court commits procedural error by failing to provide sufficient analysis for imposition of residency restrictions in lifetime term of supervised release. 		Criminal Law and Procedure Jun. 24, 2012
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